We consult & mentor on files to expertly marshall cases for discovery, settlement and trial.
This area represents probably one of the most difficult subject matter of litigation faced by Counsel.
Why is it one of the most difficult?
1) The injuries to the infant are catastrophic – usually cerebral palsy, which is permanent
2) The overall stress and pressure faced by the parents and family is traumatic and unsettling and places pressure on counsel
3) The cost of litigation is very high, given the records and need for multiple discipline of experts spanning critical areas of liability, standard of care and causation, etc.
4) The attorney’s knowledge of medicine in the specific medical area must be high in order to assess the probabilities of success, to define issues, to engage in intelligent discussions with various experts and to steer opinions to cover appropriate areas
5) To marshal the documentary evidence in a manner that is orderly, intelligible, easy to follow and complete for the trial.
6) To engage appropriate experts to quantify further care costs and establish an actuarial calculation for lump sum values.
7) To acquire knowledge of structure, so as to devise plans and sample settlements to meet the needs of the child in the most advantageous and economical manner.
8) To be able to monetarily assess the settlement value of the claim and establish an intelligent and effective strategy to accomplish this.
In a number of cases that we have taken on over the years, they have originated in offices where the file came to a halt where the lawyer was unable to get to a point where it would be in a ready state for settlement or trial.
How many times have counsel allowed this type of file to lie dormant in the filing cabinet as a result of their inability to move forward, or failure to acquire the necessary legal opinions to support a probable case worthy of settlement or trial, if necessary.
This is why a consultant with years of experience is needed. In many of the malpractice baby cases we have handled, a majority were presented to our office as a result of the initial counsel being unable to proceed due to lack of counsel expertise and a lack of expert evidence on the critical issues. Some cases were as old as 10 years where nothing had been done. Don’t let this happen. It is unfair to the infant and the parents and to counsel.
Contact us today and let’s start working together to get the best result for our clients.
